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" J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not... "
The American and English Railroad Cases: A Collection of All Cases ... - Side 793
1902
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Reports of Civil and Criminal Cases Decided by the Court ..., Volum 40;Volum 147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 sider
...2. Same— Want of Care— Evidence.— Where a thing which causes the injury is shown to be und«r the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who had the management of it used proper care,...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1869 - 1032 sider
...in the ordinary course of things, does not happen to those who have the management of machinery and use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." But that case also differs from die present...
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Reports of Cases Heard and Determined by the Judicial Committee and ..., Volum 6

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 596 sider
...Defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care,...reasonable evidence, in the absence of explanation by the Defendants, that the accident arose from want of care," which rule, we submit, is applicable to the...
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North Carolina Reports: Cases Argued and Determined in the ..., Volum 140

North Carolina. Supreme Court - 1905 - 922 sider
...things, does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." The limitations governing the application of the rule are thus stated by Wigmore. (Sec....
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Albany Law Journal, Volum 24

1881 - 572 sider
...defendant or his servants, and the accident is such us in the ordinary course of things does not happen if those who have the management use proper care,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care, " — was applied to a bale of goods slung from...
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Albany Law Journal, Volum 24

1881 - 572 sider
...defendant or his servants, and the accident is such из iu the ordinary course of things does not bap)>eii if those who have the management use proper care, it affords reasonable evidence, iu the absence of explanation by the defendants, that the accident arose from want of care, " — was...
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The American Law Register, Volum 10

1871 - 874 sider
...defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care,...explanation by the defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad Company, 18 NY 543, the Court of...
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The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Volum 1

Victoria. Supreme Court - 1871 - 380 sider
...under the management of the defendant, the accident is such aa in the ordinary course does not happen if ^those who have the management use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care. Seoll v. London Dock Company,...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volum 46

New York (State). Court of Appeals, Hiram Edward Sickels - 1872 - 788 sider
...Rock, and Syr. RR Co., 18 NY, 543.) So, in the Exchequer Chamber, it was held, that where the thing is shown to be under the management of the defendant,...management use proper care, it affords reasonable evidence that the accident arose from want of care. (Scott v. Lond. Dock Co., 3 Hurlst. & Colt., 596.) It is...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volum 74

Ohio. Supreme Court - 1906 - 660 sider
...injured any one, is enough to make out a presumption of negligence. When a thing which causes the injury is shown to be under the management of the defendant,...explanation by the defendant, that the accident arose from want of care." The following cases selected at random from a much longer list, will serve to illustrate...
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